Last Updated: March 31, 2023 (Section A)
SECTION A TERMS
Introduction and Overview
Thank you for choosing the Bill Tracker app. Bill Tracker, along with any parent, subsidiary, affiliate, or related companies are referred to in these provisions as “Bill Tracker Group” or simply “Bill Tracker” or “us.”
When you use the app, you enter into a binding contract with us. Each section of the agreement begins with an italicized annotation that is intended to help you navigate the agreement. The annotations do not completely summarize the agreement, though, and you should read each section carefully and in full. We’ve also bolded a few areas that talk about important legal rights, and you should be sure to read those sections carefully. These provisions in Section A apply to the app generally.
If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf and the term “you” will refer to you, your company, or your client.
Agreement to These Terms
You need to agree to these terms to use our app. Bill Tracker will not share your personal information with third parties, unless specifically instructed to do so by you in order to provide additional services within the app.
To access and/or use the app, you acknowledge and agree:
To the terms and conditions of this agreement (“Agreement”), which includes:
The current version of the terms set out in Section A and:
Any additional provisions and conditions provided separately to you for your use of the app, which may include terms and conditions from third parties (which we refer to as “Additional Terms”)
You are at least 18 years of age;
You are capable of forming a binding contract with Bill Tracker; and
You are not a person who is prohibited from using the app under the laws of the United States, or any other applicable jurisdiction.
Your Personal Information
We want to be transparent about how we use personal information and about your rights in our Privacy Statement. You should only provide us with personal information of others if you have received permission to do so.
You agree that Bill Tracker may use and maintain your personal information to provide services within the scope of the app.
To the extent we allow you to input personal information (as the term is defined under applicable law) about other individuals other than yourself, you represent and warrant that you have complied with all applicable laws and received the proper authority or consent to allow us to collect and process such information to operate our business. You agree such sharing does not constitute a “sale” of information as defined under the California Consumer Privacy Act (CCPA).
Changes
Change happens. When it does happen, we will update this Agreement. If the changes are material, you may need to accept the changes to use the app. Similarly, there may be circumstances where we need to update or discontinue the app.
We may modify the provisions of this Agreement at any time. We may notify you of such modifications by posting through the app or by other means. It is important that you review this Agreement whenever we modify it because your continued use of the app indicates your agreement to the modifications.
In some cases, you may need to accept changes to this Agreement to continue using the app. If you do not agree to these changes, you may stop using the app or terminate your account.
Similarly, we may update the app, including with tools, utilities, improvements or third party applications. You agree to receive these updates. We may further modify, suspend or discontinue the app at any time. You agree that we will not be liable to you or any third party for any modification, suspensions, or discontinuance of the app.
Your Rights to Use the app
You can use our app for your own personal and lawful use or as otherwise permitted under this Agreement.
You may access and use the app for your own internal, lawful and non-commercial purposes only.
Beta Features
We may provide you with access to beta features in the app. You are free to use them, but they are provided as-is.
We may include new and/or updated pre-release and trial features in the app and such features are provided as-is. Your use of such features is at no additional cost but you must follow additional rules or restrictions that we may place on their use.
Account
You will provide accurate, up-to-date account information and securely manage such information.
You may need to sign up for an account to use the app. We may need to verify your identity, and you authorize us to collect information (e.g., date of birth, address) from you to do so (collectively, with all information requested to enable your account, “Account Information”). You will provide accurate, up-to-date Account Information, and we disclaim any liability arising from your failure to do so. Such failure may further limit your ability to use the app and affect the app’s accuracy and effectiveness.
You are responsible for securely managing your Account Information, including any password(s) for the app. You will notify us immediately if you believe that your Account Information or device you use to access the app has been lost or stolen or that someone is using your account without your permission.
Mobile App Use
Mobile versions of our app may be available for download but you must follow applicable third-party terms when using them.
With respect to the applicable Software, you are only granted limited rights to install and use the Software you have downloaded, signed up for or for which you have purchased a license or acquired a free trial. Bill Tracker reserves all other rights in the applicable Software not granted to you in writing in this Agreement. Conditioned upon your compliance with the terms and conditions of this Agreement, Bill Tracker grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the applicable Software only for the period of use provided in the ordering and activation terms (as applicable), as set forth in this Agreement or in Bill Tracker’s then-current product discontinuation policies (as updated from time to time) and only for the purposes described by Bill Tracker for the applicable Software.
You acknowledge and agree that such Software is licensed, not sold.
You may make a single copy of the Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the Software as delivered to you.
Third Party Advice and Products
You may have access to professional advice and third-party products. Any such advice and products are not covered under this Agreement.
From time to time, we may offer specific functionality in the app that provides you with the opportunity to seek professional advice, for example, the ability to speak with a loan expert. Unless specifically disclosed, Bill Tracker is not in the business of providing legal, financial, accounting, tax, health care, insurance, real estate or other professional service or advice, and you should consult with professionals for advice prior to making important decisions in these areas.
The app may include information about or offers for third-party services or products or allow you to access or connect your account to third-party services or products. Bill Tracker does not warrant, and is not responsible for, the services and products or claims made about them, or the actions or inactions of any third party. You must review and comply with the third-party’s services and product provisions. Bill Tracker may be compensated by those third parties, which could impact whether, how and where the services and products are displayed.
Content and Data
What’s yours remains yours, what’s ours remains ours, but we may use information you provide to improve our app.
You are solely responsible for anything you write, submit, receive, share and store or any data you input into the app (collectively, your “Content”). Content includes, but is not limited to, data, information, materials, text, graphics, images, audio, video that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the app. You have no obligation to provide any content to the app, and you’re free to choose the content that you want to provide. You acknowledge certain functionality in the app may be dependent on the provision of Content and may not be available without such Content.
Your Content remains yours, which means that you retain any intellectual property rights that you have in your Content. By sharing your Content on the app, you hereby grant Bill Tracker a license to use your Content, as described in more detail below.
What\'s covered
This license covers your Content to the extent your Content is protected by intellectual property rights.
Scope
This license is:
Worldwide, which means it’s valid anywhere in the world;
Non-exclusive, which means you can license your Content to others; and
Royalty-free, which means there are no fees for this license.
Rights
This license allows Bill Tracker to:
Host, reproduce, distribute, communicate, sublicense and use your Content — for example, to save your Content on our systems and make it accessible from anywhere you go;
Publish or publicly display your Content, if you’ve made it visible to others; and
Modify and create derivative works based on your Content, such as reformatting or translating it.
Purpose
This license is for the limited purpose of:
Operating, providing and improving the app, which means allowing the app to work as designed and creating new features and functionalities.
Duration
This license lasts for as long as your Content is protected by intellectual property rights.
Bill Tracker may collect, derive or generate deidentified and/or aggregated data regarding your usage of or the performance of the app, including data derived from your Content. Bill Tracker will own all such data and may use this data without restriction, including, but not limited to, operating, analyzing, improving, or marketing Bill Tracker’s products and services, including the app.
As between you and Bill Tracker, Bill Tracker and its licensors retain all right, title or interest in and to the app, except for the rights granted to you.
Prohibited Uses
We expect you to obey the law and follow certain rules in using the app.
Bill Tracker does not condone or support any activity that is illegal, violates the rights of others, harms or damages Bill Tracker’s reputation, or could cause Bill Tracker to be liable to a third party. At minimum, you may not use the app to:
Violate any law, regulation, executive order or ordinance, including through actions that give rise to criminal, civil, administrative or regulatory liability and/or fines;
Post or share Content that is or may be illegal or inappropriate, including material that may be defamatory, obscene, harassing, offensive, fraudulent, objectionable or infringing;
Transmit any virus, trojan horse, or other disruptive or harmful software or data;
Send any unsolicited or unauthorized advertising, such as spam;
Impersonate or misrepresent your affiliation with Bill Tracker;
Reproduce, modify, resell, license, or provide free or unauthorized access to the app or make the app available on any file-sharing, virtual desktop or application hosting service;
Attempt to reverse engineer, decompile or disassemble in any way any of the app;
Engage in unauthorized access, monitoring, interference with, or use of the app or third party accounts, information (including personal information), computers, systems or networks, including scraping or downloading content that doesn’t belong to you;
Use the app for general archiving or back-up purposes; or
Encourage or enable any other individual to do any of the above or otherwise violate this Agreement.
We take copyright seriously at Bill Tracker. We respect the copyrights of others and expect you to do the same. If you repeatedly infringe the copyrights of others, we may terminate your account.
Bill Tracker may terminate your use of the app based on our reasonable suspicion that your activities, business or products are objectionable or promote, support or engage in any of the prohibited uses described above.
Bill Tracker may (but has no obligation to) monitor the use of the app or Content and may edit or remove any Content. We may disclose any information necessary to satisfy our legal obligations, protect Bill Tracker or its customers, or operate the app properly.
Community Forums; Feedback
You may be able to communicate with others through our app but please be respectful. Suggestions you provide for improving our app may be used freely by us.
The app may include a community forum or other social features that enable you to exchange Content and information with other users of the app and the public. Bill Tracker does not support and is not responsible for the Content in these community forums. Please be respectful when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Bill Tracker is not responsible.
You may provide Bill Tracker your feedback, suggestions, or ideas for the app. You grant Bill Tracker a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use your feedback, suggestions, and ideas in any way, including in future modifications of the app, other products or services, advertising or marketing materials.
Termination
You may cancel your account and Bill Tracker may suspend or terminate your use of the app. For mobile apps, removing the app may not cancel your subscription or delete your data.
This Agreement is effective until your subscription expires or you cancel your account or Bill Tracker terminates this Agreement (or your account). Bill Tracker may terminate this Agreement (and your account) or suspend the app at any time in our discretion.
Please note that removing any Bill Tracker mobile app from your device may not cancel your subscription or delete your data.
Effect of Termination
You must stop using the app once your subscription expires or you cancel your account (or if this Agreement or your account is terminated).
Upon expiration of your subscription or cancellation of your account, or Bill Tracker’s termination of your account or this Agreement, you must immediately stop using the app and pay all fees for the app used. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund.
Survival
There are a few parts of this Agreement that will continue to apply after termination.
The following Sections will survive any termination, discontinuation or cancellation of the app or your account: “Your Personal Information,” “Payment and Cancellations” (with respect to fees due and unpaid), “Content and Data,” “Community Forums; Feedback,” “Effect of Termination,” “Disclaimers,” “Limitation of Liability,” “Indemnity Obligations,” “Disputes,” and “General Terms (Miscellaneous)”.
Bill Tracker Communications
We may contact you from time to time to support your use of the app.
In order to properly support and serve you, we occasionally need to reach out and contact you, and may do so in a variety of ways such as via text message, email or messaging functionality in the app. We want to provide you options for receiving communications from us, and as such you may opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us, depending on the app. You will need to notify us of any changes to your contact details to ensure your preferences are updated.
Third Party Account Information
Bill Tracker is not responsible for any account information obtained from third parties.
When you direct Bill Tracker to retrieve your account information from third parties, you grant Bill Tracker a limited power of attorney to access the third party services to retrieve such account information. Bill Tracker will be acting as your agent and will not be acting on behalf of the third party.
Bill Tracker does not review third party account information for accuracy and is not responsible for any issues or expenses resulting from such account information, including any inaccuracy, error, delay, or non-delivery. For clarity, Bill Tracker is not responsible for any payment processing errors or fees arising from inaccurate account information provided by third parties.
Disclaimers
We don’t make any warranties about the app except as expressly stated in this Agreement.
The only warranties we make about the app are (1) stated in this Agreement, or (2) as provided under applicable laws. The app is otherwise provided “as-is,” and we do not make any other warranties about the app. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the app is error-free, secure, or free from any viruses or other harmful components. We also do not provide any warranties with respect to data loss or to the accuracy, reliability, or availability of the app, nor of any content (including any Content) or information made available in the app. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the app, whichever is sooner.
Limitation of Liability
Our liability is limited when it comes to issues you may encounter with our app.
Other than the rights and responsibilities described in this Agreement and as allowed by applicable law, Bill Tracker won’t be responsible for any losses.
The Bill Tracker app is provided free of charge, and as such, it is understood and agreed upon by you that Bill Tracker will not be held liable for any damages incurred as a result of the download, use, or installation of the app or any third party services offered by Bill Tracker.
The Bill Tracker Parties won’t be responsible for the following:
Loss of data, profits, revenues, business opportunities, goodwill or anticipated savings;
Indirect, incidental, or consequential loss; or
Punitive damages.
The above limitations apply even if the Bill Tracker Parties have been advised of the possibility of such damages. This Agreement sets forth your exclusive remedy with respect to the app and its use.
If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under this Agreement. For example, the United Nations enjoys certain immunities from legal obligations and this Agreement doesn’t override those immunities.
Indemnity Obligations
If someone sues us because you used the app unlawfully or didn’t follow our rules, you will be responsible for any harm to us.
You will indemnify and hold harmless the Bill Tracker Parties for any losses, damages, judgments, fines, costs and expenses (including legal fees) in connection with any claims arising out of or relating to your unlawful or unauthorized use of the app or violation of this Agreement. Bill Tracker reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by Bill Tracker in the defense of any claims.
Disputes
In the event we are unable to resolve any dispute through an informal dialogue, a third-party arbitrator or small claims court will help us resolve any disputes we might have, and any disputes will be resolved on an individual basis rather than as a class action.
If you are a U.S. customer:
You and Bill Tracker agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the app or this Agreement (a “Claim”) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.
Either you or Bill Tracker can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or Bill Tracker may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence, and you may also bring a claim in small claims court in the Superior Court of California, County of Santa Clara.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Bill Tracker are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of your account.
If you elect to seek arbitration, you must first send to Bill Tracker a written notice of your Claim ("Notice of Claim"). The Notice of Claim to Bill Tracker should be sent in care of our registered agent Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. The Notice of Claim should include both the mailing address and email address you would like Bill Tracker to use to contact you. If Bill Tracker elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Bill Tracker, must (a) describe the nature and basis of the Claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
You and Bill Tracker agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Bill Tracker therefore agree that, after a Notice of Claim is sent but before either you or Bill Tracker commence arbitration or file a Claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if Bill Tracker is represented by counsel, its counsel may participate in the conference as well, but Bill Tracker agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Bill Tracker may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a Claim in small claims court unless you and Bill Tracker are unable to resolve the Claim within sixty (60) days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with Bill Tracker during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and Bill Tracker agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party’s election, the American Arbitration Association (“AAA”) will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Agreement. Unless Bill Tracker and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.
The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California or the state of your residence and will be selected by the parties from the AAA’s National Roster of Arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by this Agreement. Except as otherwise provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
The parties agree that an administrative conference with the AAA shall be conducted in each arbitration proceeding, and you and an Bill Tracker company representative shall appear at the administrative conference via telephone. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. Bill Tracker will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This agreement to arbitrate shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction including whether a Demand for Arbitration is filed in violation of this Agreement.
Unless you or Bill Tracker seek to have a Claim resolved in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or Bill Tracker and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party\'s individual claim. To the extent that you or Bill Tracker prevail on a Claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee, but Bill Tracker will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in Santa Clara County, California. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and Bill Tracker will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or Bill Tracker, and you and Bill Tracker waive any objection to such fee modification.
You and Bill Tracker agree that each may bring Claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and Bill Tracker agree otherwise, the arbitrator may not consolidate any other person\'s Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If Bill Tracker believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that Bill Tracker may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Disputes Section shall be null and void.
General Terms (Miscellaneous)
Governing Law
The laws of Texas govern this Agreement and any disputes that may arise.
Texas law and the Federal Arbitration Act will govern all disputes arising out of or relating to the app, this Agreement and any Additional Terms, regardless of conflict of laws rules.
Global Trade and Export Restrictions
You are allowed to use the app under the laws of the U.S. and other applicable territories. The app shall not be exported to countries that are embargoed by the U.S. government.
You agree that you and anyone who uses the app, including the related website, online services and mobile apps, are not prohibited from using the app under the laws and regulations of the United States or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or any other similar prohibition. You acknowledge that the app may be subject to restrictions under applicable U.S. export control laws and regulations. You agree that you will comply with these export control and sanctions laws and regulations, and will not transfer or provide any part of the app, in violation of these laws and regulations, directly or indirectly.
Government End Users of Software
Even if you are a government end user, your rights to Software are limited to what is described in this Agreement.
The Software is a "commercial item" as that term is defined in FAR 2.101, consisting of "commercial computer software," as such term is used in FAR 12.212 and DFARS 227.7202. If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software will be only those specified in this Agreement.
Waiver
If we waive some of our rights under this Agreement, it doesn’t mean we waive our rights in other circumstances.
Bill Tracker’s failure to act or enforce any of its rights does not constitute a waiver of any of our rights. Any waiver by Bill Tracker of any of the provisions in the Agreement must be made in writing and signed by a duly authorized officer of Bill Tracker.
Assignment
You can’t transfer this Agreement or your right to use the app to someone else without our permission.
Bill Tracker may assign this Agreement to any party at any time without notice to you. You may not assign your rights under this Agreement, by operation of law or otherwise, without our consent. Any attempts to do so without our consent will be void.
Severability
If a court voids a term of this Agreement, the other terms will not be affected.
If any provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision will be severed and the remaining provisions will remain in full force and effect.
Contact Information
If you have any questions about the app or this Agreement, please contact support@billtracker.us